Unit name | The Philosophical Foundations of the International Legal Order |
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Unit code | LAWDM0029 |
Credit points | 30 |
Level of study | M/7 |
Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
Unit director | Professor. Capps |
Open unit status | Not open |
Pre-requisites |
None |
Co-requisites |
None |
School/department | University of Bristol Law School |
Faculty | Faculty of Social Sciences and Law |
The purpose of this unit is to analyse the nature of international legal organization and has four elements. First, there is an introduction to the basic techniques required for philosophical analysis of international law and a mapping of the field. Secondly, an investigation into the classic theories concerning the grounds upon which states, as the principal subjects of international law, are obligated to rules. This requires investigation into the normative justifications writers have given for international obligation, the first can be called broadly prudential and incorporates Hart, Kelsen, Austin, Hobbes, realism in international relations and much of game theory. The second is moral and is based upon classical and modern natural law theory. Thirdly, an investigation into the nature of international legal obligation within specific international organisations; for example, the EU and the UN. Finally, the unit considers whether the reasoning which underpins actual international legal organisations is compatible with the aims, objectives and purposes of international law.